As of 12/15/14 his lawyer had not even filed the brief for the appeal. What is the time frame for him to file? My lawyer states we can't file an answer brief until we get a copy of his. This has been going on all year!
Alabama Rule of Appellate Procedure 31 states that the Appellant (him) has 28 days from the certification of the record on appeal to submit the Appellant's Brief. There is a 7 day extension that is available by simply calling the court of civil appeals and requesting it and following up with a letter. Additionally, in rare circumstances, the court will allow an additional extension of time by motion if there is an attorney illness or other pressing matter. I would suggest you determine when the record on appeal was certified complete to know whether he has missed his time to file the Appellant's Brief. If he has missed the deadline to file the Appellant's Brief and no extension has been granted, you can file a motion to dismiss his appeal for failure to file. Alternatively, the court will dismiss the appeal on its own. Hope this helps and good luck!
Answers to questions are for general purposes only and do not establish an attorney-client relationship. I cannot give specific information without a full evaluation of your case and particular fact situation. This answer is not intended, nor takes the place of, legal advice from an attorney in your area. You are encouraged to seek the advice of an attorney for your particular legal concern. Alabama State Bar, Rules of Professional conduct, Rule 7.2 (e), requires the following language in all attorney communications: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
In general, the party appealing the case (the Appellant) has 28 days from the date that the clerk of the court certifies to the appellate court that the record on appeal is complete. The non-appealing party (the Appellee) has 21 days from the date that the appealing party files their brief to file a brief in response. The appealing party may also file a reply brief within 14 days of the date that the non-appealing party files their response. However, you mentioned that you had attended a mediation. The Alabama public courts do have an appellate mediation program. Many times the appellate court in Alabama will send the appeal to the mediation program in an attempt to resolve the issues on appeal. During the time that the appeal is going through the mediation process, the time periods mentioned above are stayed, meaning that the days are not counted toward the respective 28, 21, a 14 day period. I would advise checking with your lawyer to determine the due date of the briefs.
Visit with your counsel for specifics. It is what you pay him or her to provide for you.
In general terms though, if the appellate process were addressed in racing terms, it would be a marathon and not a sprint.
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